China News Service, March 30th. According to the website of the Ministry of Natural Resources, the Ministry of Natural Resources issued an announcement on the 30th regarding the "Implementation Regulations of the Land Administration Law of the People's Republic of China (Revised Draft)" (Draft for Comment) (hereinafter referred to as the "Revised Draft" ) Open for comment. The revised draft incorporates effective farmland protection systems in practice into regulations, one is to establish a compensation system for farmland protection, and the other is to clarify the subject of responsibility for farmland protection.
According to the statement of the Ministry of Natural Resources on the revised draft, the revised draft is mainly modified from the following aspects:
——Building a Land and Space Planning System
The revised draft clarifies the effectiveness and content of territorial space planning, stipulates that territorial space planning should coordinate the layout of ecological, agricultural, urban and other functional spaces, and delineate the implementation of ecological protection red lines, permanent basic farmland and urban development boundaries. The main contents related to land management should include the content of national land space pattern, planned land layout and use control requirements, and clarify the requirements for construction land scale, cultivated land holdings, permanent basic farmland protection area, and ecological protection red line (Article 4). The national territorial space plan is prepared by the competent department of natural resources of the State Council in conjunction with relevant departments and submitted to the Party Central Committee and the State Council for approval. Land and space plans at other levels are examined and approved in accordance with the provisions of the Party Central Committee and the State Council (Article 5).
——Perfecting the strictest cultivated land protection system
The revised draft incorporates effective farmland protection systems in practice into regulations. The first is to establish a compensation system for farmland protection. The Opinions of the CPC Central Committee and the State Council on Strengthening the Protection of Cultivated Land and Improving the Balance of Occupation and Supplementation (Zhongfa [2017] No. 4) clearly proposed to strengthen the compensation and incentives for the responsible subjects of cultivated land protection, and actively promote the integration of agricultural funds at the central and local levels. The principle of "who protects and benefits" has been strengthened to increase compensation for cultivated land protection. To this end, the revised draft clearly states that the state has established a compensation system for cultivated land protection, and specific measures shall be formulated by the financial department of the State Council in conjunction with relevant departments. (Article 12).
The second is to clarify the subject of responsibility for cultivated land protection. To strengthen the protection of arable land, we must first clarify the main body responsible for the protection of arable land. The revised draft stipulates that the principal person in charge of the provincial government is the first person responsible for the protection of cultivated land in the administrative region. The State Council evaluates the implementation of the provincial people's government's responsibility for the protection of cultivated land. Quality level and compensation for occupation of cultivated land (Article 13).
——Implement the reform requirements of “decentralized management services” and optimize the approval system for construction land
The revised draft implements the decision-making arrangements of the Party Central Committee and the State Council, optimizes the content of examination and approval of construction land, and streamlines the examination and approval process. The first is the overall planning and management of urban and rural land. Reform the land plan management system and incorporate the annual construction land supply plan into the land use plan. It is stipulated that people's governments at all levels should strengthen the management of land use plans and implement the total amount of construction land control. The county (city) people's government shall make reasonable arrangements for incorporating collectively-owned construction land into the annual construction land supply plan (Article 15).
The second is to give local governments more autonomy in land use in accordance with the principle of "equal power and responsibility." For the cities where the people's governments of provinces and autonomous regions are located, cities with a population of over one million, and cities designated by the State Council that involve conversion of agricultural land other than permanent basic farmland into construction land, the State Council may authorize the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval; For the conversion of agricultural land within the jurisdiction of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, the people's governments of provinces, autonomous regions, and municipalities can authorize the approval of the people's governments of municipalities and autonomous prefectures that have districts (Article 21).
The third is to write advance land into regulations. It is stipulated that, for major projects such as national and provincial energy, transportation, water conservancy, military installations, etc., single-item projects that control the construction period and projects that are in urgent need of construction due to seasonal influence or other major factors, may be submitted to the competent department of natural resources of the people's government at or above the provincial level. Apply for advance land (Article 26).
The fourth is to simplify the materials for approval of construction land. In order to solve the problems that the local government reported that the construction materials for the review of the construction land were complicated, the current "one book and four plans" (construction land report and agricultural land conversion plan, supplementary cultivated land plan, land acquisition plan, and land supply plan) were carried out. Merger adjustments, integration into agricultural land conversion programs and land acquisition applications, and clear points for review of agricultural land conversion programs and land acquisition applications by the government with the right of approval (Articles 21, 22, 3 Article 12).
——Consolidate the achievements of the three systems of rural land reform
Based on the "Land Management Law", the revised draft further consolidated the results of the "three plots" of rural land reform. First, the procedures for land acquisition were detailed with the focus on safeguarding farmers' rights and interests. Clarify the specific implementation requirements of statutory procedures such as land status survey, social stability risk assessment, announcements, hearings, compensation registration, and signing of agreements. It mainly includes: announcement of land acquisition and initiation, land status investigation and social stability risk assessment (Article 28); organization of land acquisition compensation and resettlement plan, and announcement and hearing (Articles 29 and 30) ; Signing of land acquisition compensation and resettlement agreements, making land acquisition compensation and resettlement decisions for a small number of farmers who do not agree with the compensation and resettlement agreements (Article 31); composition and pre-existing system of land acquisition compensation costs (Article 35).
The second is to clarify the requirements and procedures for entering the market for collectively-owned construction land. The use of collectively-owned construction land must follow the principle of economy and intensiveness, prioritize the use of existing construction land, and strictly control the scale of newly-added collectively-owned construction land. It is allowed to adopt land readjustment and other methods for location adjustment and rational use of collective business construction land (Article 36). It is clear that the entry of collectively-owned construction land into the market must comply with the land and space planning and be determined as industrial, commercial, and other operational uses. The property must be clear, land ownership registration must be completed in accordance with the law, and basic conditions such as supporting infrastructure for development and construction must be in place (Article 37). ). The requirements for the preparation and review of the market entry plan are stipulated. The land owner shall report the plans for the transfer and lease of collectively-owned construction land and the resolutions of the rural collective economic organization to the county (city) people's government for review. If it meets the requirements, it shall be included in the annual construction land supply plan by the county (city) people's government (Articles 39 and 40).
The third is to protect the rights of rural villagers' homesteads. It is required that the scope of housing sites be scientifically determined in the land and space planning and village planning of cities, counties, townships (towns) (Article 45). Clarified the application procedures for homesteads and the requirements for voluntary paid withdrawal and revitalization of homesteads (Articles 46 and 47).
——Insist on problem orientation, and write mature experience in practice into regulations
The first is to increase the regulations on land reserves. Land reserve is an important measure to strengthen the ability to regulate and protect the construction land market, ensure "net land transfer", and promote efficient allocation and rational use of land resources. The revised draft clarifies that the land reserved by the government should have clear property rights, and the pre-development should be completed before supply, and conditions for starting development should be met (Article 19).
The second is to improve temporary land use regulations. Temporary land refers to land that needs to be used temporarily, such as construction projects, geological surveys, and so on. The revised draft provides for the approval procedures and use requirements for temporary land use, and clarifies that the temporary land use shall be approved by the natural resource department of the county (city) people's government, and the period generally does not exceed two years. Temporary land used for infrastructure construction such as transportation, water conservancy and energy with a long construction period can be postponed once upon approval and the period shall not exceed two years (Article 24).
The third is to further improve the legal protection of land inspection. It clarified the content and method of land inspection, the submission and rectification of supervision opinions and suggestions (Articles 2, 55, 56).